Should employers offer TOIL if they don't have contracted overtime payments?

Posted in : Seamus Says - Employment Law Discussion on 5 April 2019
Seamus McGranaghan
O'Reilly Stewart Solicitors
Issues covered:

Should an employer be offering time in lieu if they do not have contracted overtime payments within the contract? Or does it not matter if you stay within the 48-hour maximum working week, unless somebody is contracted out of that?

Seamus: I think this is based on one of the questions that we had last month. This question kind of suggests that there's a link between overtime and the 48-hour max. They're two separate things there. I think the employer will probably need to start by looking at . . . I know they said they don't have contracted overtime payment, but check your contracts to make sure. If someone hasn't been there for years, and the contract potentially says something

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This article is correct at 05/04/2019

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Seamus McGranaghan
O'Reilly Stewart Solicitors

The main content of this article was provided by Seamus McGranaghan. Contact telephone number is 028 9032 1000 or email

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